Common use of Sales by the Company Clause in Contracts

Sales by the Company. For a period of sixty (60) days following the expiration of the ten (10) day period described in Section 7.4 above, the Company may issue the New Securities with respect to which the Investor’s preemptive right under this Section 7 was not exercised, at a price and upon terms not more favorable to the Proposed Recipient thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of such securities to the Proposed Recipient within such sixty (60) day period, the Company shall not thereafter issue or sell any securities without first again offering such securities to the Investor in the manner provided in this Section 7.

Sales by the Company. For a period of sixty one hundred twenty (60120) days following the expiration of the ten fifteen (1015) day period as described in Section 7.4 7.2 above (or the fifteen (15) day period as described in Section 7.3 above, if applicable), the Company may issue the sell any New Securities with respect to which the Investora Series A Holder’s preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty one hundred twenty (60120) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Series A Holders in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty one hundred twenty (60120) days following the expiration of the ten fifteen (1015) day period as described in Section 7.4 7.2 above (or the fifteen (15) day period as described in Section 7.3 above, if applicable), the Company may issue the sell any New Securities with respect to which the Investora Preferred Holder’s preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty one hundred twenty (60120) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to each of the Investor Preferred Holders in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty one hundred and twenty (60120) days following the fifteen (15) days after the issuance of the Issuance Notice in the event no Holder exercises its preemptive right within the fifteen (15) day period as described in Section 7.2 above, or upon the expiration of the ten fifteen (1015) day period as described in Section 7.4 7.3 above, as the case may be, the Company may issue the sell any New Securities with respect to which the Investora Holder’s preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty one hundred and twenty (60120) day days period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Holders in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty (60) days following the expiration of the ten (10) day period as described in Section 7.4 7.2 above, the Company may issue the sell any New Securities with respect to which the Investora Series A Holder’s preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Series A Holders in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty (60) days following the expiration of the second ten (10) day period as described in Section 7.4 2.3(b) above, the Company may issue the sell any New Securities with respect to which the Investor’s Investors’ preemptive right rights under this Section 7 2.3 was not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Investors in the manner provided in this Section 72.3(a) above.

Sales by the Company. For a period of sixty (60) days following Upon the expiration of fifteen (15) Business Days from the ten Company’s delivery of the Issuance Notice and for thirty (1030) day period described in Section 7.4 aboveBusiness Days thereafter, the Company may issue the sell any New Securities with respect to which the Investorany Holder’s preemptive right of first offer under this Section 7 5.1 was not exercised, at a price and upon terms not no more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day 45-Business Day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Holders in the manner provided in this Section 75.1(1) above.

Sales by the Company. For a period of sixty one hundred and twenty (60120) days following the expiration of the ten thirty (1030) day period as described in Section 7.4 7.2 above, the Company may issue the sell any New Securities with respect to which the Investor’s a Preferred Shareholder's preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty one hundred and twenty (60120) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Preferred Shareholder(s) in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty one hundred and twenty (60120) days following the expiration of the ten thirty (1030) day period as described in Section 7.4 7.2 above, the Company may issue the sell any New Securities with respect to which the Investora Preferred Shareholder’s preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty one hundred and twenty (60120) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Preferred Shareholder(s) in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty one hundred twenty (60120) days following the expiration of the ten fifteen (1015) day period as described in Section 7.4 9.2 above (or the fifteen (15) day period as described in Section 9.3 above, if applicable), the Company may issue the sell any New Securities with respect to which the Investora Preferred Holder’s preemptive right rights under this Section 7 was Article 9 were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty one hundred twenty (60120) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Preferred Holders in the manner provided in this Section 79.1 above.

Sales by the Company. For a period of sixty (60) days following the expiration of the ten (10) day period as described in Section 7.4 7.2 above (the ten (10) day period described in Section 7.3 above, if applicable), the Company may issue the sell any New Securities with respect to which the Investor’s preemptive right Preferred Share Holders’ rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Preferred Share Holders in the manner provided in this Section 7.

Sales by the Company. For a period of sixty one hundred and twenty (60120) days following the expiration of the ten fifteen (1015) day period as described in Section 7.4 7.2 above, the Company may issue the sell any New Securities with respect to which the Investora Series A Holder’s preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty one hundred and twenty (60120) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Series A Holder(s) in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty one hundred twenty (60120) days following the expiration of the ten fifteen (1015) day period as described in Section 7.4 7.2 above, the Company may issue the sell any New Securities with respect to which the Investora Series A Holder’s preemptive right rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty one hundred twenty (60120) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Series A Holders in the manner provided in this Section 77.1 above.

Sales by the Company. For a period of sixty (60) days following the expiration of the ten (10) day period as described in Section 7.4 7.2 above (the ten (10) day period described in Section 7.3 above, if applicable), the Company may issue the sell any New Securities with respect to which the Investor’s preemptive right Series A Holders’ rights under this Section 7 was were not exercised, at a price and upon terms not more favorable to the Proposed Recipient purchasers thereof than specified in the Issuance Notice. In the event the Company has not completed the sale of sold such securities to the Proposed Recipient New Securities within such sixty (60) day period, the Company shall not thereafter issue or sell any securities New Securities, without first again offering such securities to the Investor Series A Holders in the manner provided in this Section 7.